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Legal Notices for 1/16/13, page 1


 

 PUBLIC NOTICE

INVITATION TO BID

Whitley County has been awarded a grant from the Energy and Environment Cabinet, Division of Waste Management, for the purpose of cleaning illegal dumpsites within the county.  The dumps will be removed under the direction of the Whitley County Fiscal Court.

Bid proposals and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, Kentucky, (606) 549-6000, during regular business hours.  The proposals will also be posted on the Whitley County Fiscal Court website: http://www.whitleycountyfiscalcourt.com/news.asp .

There will be a pre-bid meeting at 9:00 a.m., January 24, 2013, in the Whitley County Fiscal Courtroom.  ALL BIDDERS ARE REQUIRED TO ATTEND THE PRE-BID MEETING.  Sealed proposals will be accepted until 1:00 p.m., February 12, 2013, at which time the bids will be opened and read aloud.  The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., February19, 2013.  PRINT (Dump Cleanup) on the front of the envelope.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County reserves the right to award bid based upon availability, service and in the best interest for the public safety for the citizens of the County.  Whitley County is an Equal Opportunity Employer

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0454

In accordance with KRS 350.055, notice is hereby given that Blue Gem, Inc. 1009 Lark St. suite 1A, Johnson City, TN. 37604 has applied for a permit for a surface coal mining and reclamation operation located in the Mountain Ash Community in Whitley County. The proposed operation will add 33.75 acres of surface disturbance and will underlie an additional 47.3 acres making a total area of 81.05 acres within the permit boundary. 

The proposed operation is located approximately 0.6 miles east from 25W’s junction with Mountain Ash Road and located 0.63miles east of the Clear Creek. The latitude is 36° 39’ 16.07” and the Longitude is 84° 07’ 19.37”.

The proposed operation is located on the Williamsburg/Saxton U.S.G.S. 7 1/2 minute topographical quadrangle maps. The operation will use the surface coutour method as well as auger methods of surface mining. The surface and underground area is owned by Don Jones.  

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Ave Middlesboro, KY 40965

Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. CH DEVELOPMENT LLC, 8618011, 12/12/2012.   

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-780

JPMorgan Chase Bank, N.A., Plaintiff, VS. Darren Whitaker; Chasty Whitaker; James Foley; Leanell Foley, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 26, 2012, and a subsequent Order entered of record on November 21, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Darren Whitaker; Chasty Whitaker; James Foley; and Leanell Foley, plus costs, is as follows:

(1) The principal sum in the amount of $49,862.08, plus interest from 03/1/09, in the amount of $9,674.30, pre-acceleration late charges in the amount of $39.69; plus escrow in the amount of $3,271.67, plus property preservation in the amount of $2,348.00, plus property inspections in the amount of $56.00, for a total in the amount of $65,251.74, together with interest at the rate of $9.22 per diem from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 449 North 3rd Street, Williamsburg, KY 40769.

Beginning at a marking seam in the sidewalk on Third Street 61 feet and 10 inches from the corner of lot No. 25 owned by Thos. Vaughn; Thence north 84 degrees 19 minutes west with the line of Third Street 109 feet 1 ½ inches to a stake at the entrance of the street, line of Third Street and the 47 foot Street; Thence the 47 foot street, South 25 degrees 51 minutes East 117.54 feet to the intersection of a 40 foot alley; thence with the line of said alley, South 84 degrees 10 minutes East 45 feet 6 1/3rd inches to a stake, same being the corner of this lot and lot deeded to C.L. McDonald; Thence north 5 degrees 50 minutes East 100 feet to the beginning being all this Lot No. 28 and 38 feet 2 inches of Lot No. 27.

Being the same property conveyed to Darren Whitaker and wife Chasty Whitaker by deed dated May 15, 2007 and recorded on May 17, 2007 in Deed Book 477, page 141 in the office of the Whitley County Court Clerk.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-040

Cumberland Valley National Bank and Trust Company, Plaintiff, VS. Linda S. Conlon a/k/a Linda Conlin; Tony B. Conlon a/k/a Tony Conlin; Leon Partin; Carlee Partin; County of Whitley; City of Williamsburg, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Linda S. Conlon a/k/a Linda Conlin and Tony B. Conlon a/k/a Tony Conlin, plus costs, is as follows:

(1) The principal sum in the amount of $120,220.15, plus interest from 07/1/10 in the amount of $17,342.75, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $6,607.35, plus late charges in the amount of $344.52, plus property inspection fees in the amount of $261.00, for a total in the amount of $144,775.77, together with interest at the rate of 6.1250 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,375.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 473 Smith Court, Williamsburg, KY 40769

BEGINNING on a steel pin 80 feet North of the corner of Moses and Jefferies lines and running a westerly direction approximately 171 feet to a steel pin in the line of I-75 (at a point 100 feet North of the existing line of Jefferies); thence running North with the right-of-way of I-75 118 feet to a corner post; thence running with the I-75 right-of-way fence an easterly direction approximately 15 feet 6 inches to a post; thence continuing with the I-75 right-of-way a northerly direction approximately 25 feet to a steel pin, corner of Byrd and Steely; thence running an easterly direction approximately 85 feet to a steel pin; thence running in a southerly direction a straight line approximately 180 feet to the BEGINNING.

Being the same property conveyed to Tony Conlin and Linda Conlin, husband and wife, by deed dated August 22, 1994 and recorded at Deed Book 373, Page 563 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-189

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC, Plaintiff, VS. Kory J. Donlon; Karen S. Donlon, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kory J. Donlon and Karen S. Donlon, plus costs, is as follows:

(1) The principal sum in the amount of $68,313.14, plus interest from 07/1/10 in the amount of $6,708.02, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,533.59, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $78.00, plus property preservation in the amount of $14.00, plus late charges in the amount of $150.24, for a total in the amount of $77,866.99, together with interest at the rate of 5.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,100.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1016 West 5th Street, Corbin, KY 40701.

Beginning at a stone on south side of Fourth Street and running west about 60 feet more or less to a stone at Staniford’s line; thence with said Staniford’s line or fence south 19 1/2 poles more or less to a stone, thence east 62 feet more or less to an alley; thence north 19 1/2 poles more or less with said alley to the beginning.

BUT THERE IS EXCEPTED FROM THE FOREGOING that portion sold to Paul Green and Mae Green by deed dated March 31, 1956, and bounded and described as follows:

Beginning at a stone in Gibbs and Standifer line going north 84 feet to Fourth Street; then with Fourth Street east 65 feet more or less to alley; thence south with alley 76 feet to a stone; thence west 65 feet more or less to the beginning.

Being the same land conveyed to Kory J. Donlon and wife, Karen S. Donlon by Angela Siler f/k/a Angela Wade and husband Larry Siler by deed dated the 27 day of July, 2005, and of record in Deed Book 463, Page 174, Whitley County Court Clerk’s Office.

TERMS OF SALE